Madras High CourtWP/19960/2024disposed of

K.Kumarasamy v. The District Collector

2024-08-30Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.08.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN K.Kumaraswamy ... Petitioner -Vs1. The District Collector, District Collectorate, Singaravelan Maligai, Rajaji Salai, Chennai-600 001.

2. Deenadayalan ... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, to consider the representation given on 04.07.2024.

For Petitioner : Mr.C.Bala Subramaniam For R1 : Mr.M.S.Arasa Kumar Government Advocate For R2 : Mr.S.Saravanan

ORDER

This writ petition has been filed for direction to consider the representation given on 04.07.2024.

2. Heard both sides and perused the materials available on record.

3. Already the petitioner filed a complaint under Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 before the Revenue Divisional Officer and the same was dismissed by an order dated 19.07.2021. Aggrieved by the same, the petitioner preferred an appeal before the first respondent and the said appeal was partly allowed, thereby directed the second respondent to pay 1/3rd income from the rent from the subject property. Even then, the second respondent failed to comply with the said order and as such, the petitioner submitted a representation before the first respondent.

4. The learned counsel for the second respondent would submit that the second respondent is receiving rent at Rs.19,000/-, in which the second respondent is paying Rs.10,000/- per month to the petitioner. However, it is disputed by the petitioner, since the entire building is rented out for a sum of Rs.2.5 Lakhs, in which the petitioner is entitled for around Rs.83,000/-.

5. Considering the above submission, the first respondent is directed to issue notice to the petitioner as well as the second respondent and conduct enquiry and after giving an opportunity of hearing to them, pass orders to implement the order passed by the first respondent dated 03.12.2021 in the letter and spirit.

6. With the above directions, this writ petition is disposed of. There shall be no order as to costs.

30.08.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn To The District Collector, District Collectorate, Singaravelan Maligai, Rajaji Salai, Chennai-600 001.

G.K.ILANTHIRAIYAN. J, mn 30.08.2024